A Sligo man has told Dublin Circuit Criminal Court the last thing he remembered was having a pint in the Palace Bar in the city centre before he woke up two weeks later in hospital.
Barry Duggan was giving evidence in the trial of Stephen Nugent (23), of St Werburgh's, Swords, Co Dublin, a tennis coach, and Dermot Cooper (28), of Fosterbrook, Stillorgan, Dublin, a university student, who have pleaded not guilty to assault causing serious harm to him on April 13th, 2003.
Mr Duggan (37) told Luan Ó Braonain, prosecuting, he travelled to work by bicycle on the morning of April 12th. He went to Bewleys at 5pm to have a coffee, when he met an old friend, Stephen Bartley, by chance.
He said they left together shortly afterwards, and went to the Palace Bar on Fleet Street. Mr Duggan said he had no memory whatsoever about what occurred after the first drink. The next thing he remembered was waking up in St James's Hospital some two weeks later.
Mr Duggan told senior counsel Michael O'Higgins, defending Mr Cooper, that he could not recall falling off his bike in Grafton Street after he left the Palace Bar, and said he could not remember people laughing at him when he was on the ground.
In response to a suggestion by Mr O'Higgins that he had gone after the group of three men that had laughed at him and struck his client's brother, Sean Cooper, on the back of the head, Mr Duggan said it was completely out of character for him to behave in such a manner.
Gavin Byrne told Mr Ó Braonain that he and Mark Fagan had stopped at about 2am to listen to a busker when he saw a person, whom he described as stocky and wearing a cream shirt, punching a smaller man full force in the face in Lemon Street, a laneway beside A-Wear.
He said the other smaller man had dark hair and a bike.
He heard the cyclist say: "Leave me alone. I've done nothing wrong", and then saw another man kick the cyclist full force in the groin.
Mr Byrne said the cyclist, whom he now knew to be Mr Duggan, was cornered by the three men, and before he knew it Mr Duggan had fallen to the ground. The group of men then ran up Grafton Street and turned right towards Bruxelles pub on Harry Street.
Mr Byrne told Patrick Gageby SC, defending Mr Nugent, that he did not see Mr Duggan strike anyone. The same man punched Mr Duggan and kicked him in the groin, but he accepted it was possible that he told gardaí it was another man who kicked him in the groin.
Mr Byrne said he heard a crack as Mr Duggan fell to the ground, and that was when he went to his assistance.
Mr Byrne agreed it was possible that Mr Duggan never said: "Leave me alone. I did nothing wrong", but rather Sean Cooper after Mr Duggan hit him on the back of the head, but he reiterated that he did not see Mr Duggan hit anyone.
Mr Fagan told Mr Ó Braonain that he saw "a guy" in Lemon Street with dark hair wearing a dark-coloured striped shirt punch a smaller man, Mr Duggan, with his right fist in the face. He heard Mr Duggan pleading with the attacker.
This man took a step away, and then another man ran in and kicked Mr Duggan forcefully in the groin. A short scuffle then broke out, and Mr Duggan fell to the ground. The three men stood over Mr Duggan before running off up Grafton Street.
Mr Fagan said he went over to Mr Duggan immediately with Mr Byrne, and noted he was making strange snorting sounds. He tried to speak to him but he was completely unresponsive.
Mr Fagan said he could not see any kicking or punching during the short scuffle.